The Law Office of Mary Beth Kelly
by Laura Breen Galante
The Law Office of Mary Beth Kelly in Lake Mary provides comprehensive estate planning, which includes legal assistance with guardianships, to help you and your family.
Without valid powers of attorney, guardianship is necessary for someone to obtain court authority to act on behalf of a loved one who doesn’t have the capacity to do so themselves. However, sometimes an individual who is not fully incapacitated still needs assistance making important life decisions.
In this regard, Attorney Mary Beth Kelly wants families to know about a Florida law enacted in 2024 that gives families of these individuals an option other than full guardianship: a Supported Decision-Making Agreement (SDA). A properly executed SDA allows the trusted advocate named in the document to help the individual successfully make their own decisions.
“It’s a precursor for families who are contemplating filing for guardianship of a loved one,” says Mary Beth.
Individuals who appoint a trusted advocate under an SDA allow that person to help them gather information, explain choices they are facing, and weigh which decisions are best for them. The named advocate in the SDA is given authority to assist with communicating the individual’s decisions to third parties like hospitals, doctors, and banks.
Such agreements can be appropriate for an individual with early onset dementia who needs someone to advocate alongside them about where they should live, their physical, mental, and health issues, and money or property concerns.
An SDA can also assist an adult child with high-functioning autism who works and lives independently but has anxiety about making major decisions. This option gives parents the authority to help with researching options and communicating decisions to professionals if their child has difficulty talking with strangers.
An SDA is not a power of attorney, and if the individual has the capacity to sign an SDA, they should also sign a general durable power of attorney and designation of health care surrogate. If the individual doesn’t understand these legal documents and doesn’t have the capacity to sign, guardianship may be necessary.
Mary Beth’s extensive legal knowledge continues to allow her to help her clients survive challenging life situations, some of which she has personally experienced.